Gypsy, Roma and Traveller communities and the law

Portsmouth City Council works with the police and landowners to manage unauthorised encampments fairly and lawfully. Everyone has rights – this includes Gypsy, Roma and Traveller people, landowners, and residents living near encampments.

Gypsy, Roma and Traveller communities are protected under the Equality Act 2010 and the Human Rights Act 1998, just like all ethnic groups with their own culture, language or values.

Travelling lifestyle

Gypsy, Roma and Traveller people have followed a travelling lifestyle for generations. They move around the country and stay in different places for short periods to earn a living.

Council responsibilities

If an encampment is on council-owned land, we may take action to remove it.
If it’s on private land, it’s usually the landowner’s responsibility.
The Government advises that if the encampment isn’t causing problems, it may be tolerated.

Landowner responsibilities

Landowners can:

Speak to the people on site and try to agree a date for them to leave.
Apply to the County Court for an eviction order under the Civil Procedure Rules 1998. There must be at least 2 clear days between giving notice and the court hearing.

If landowners allow people to stay without planning permission or a licence, they may be breaking planning or caravan site laws. If they fail to act, the council may take legal steps to remove the encampment.

Encampments on roads, parks or council land

If an encampment is causing problems, the council will aim to move people on as soon as is reasonable. Each case is looked at individually. We visit all sites and may provide bins to help keep the area clean and safe.

Legal process for removal

The council cannot remove people immediately. We must:

Show they are on the land without permission.
Check their health, welfare and children’s education.
Follow the Human Rights Act 1998.
Provide evidence to the court to get permission to ask people to leave.

The time it takes to remove an encampment depends on the situation and how quickly a court hearing can be arranged.

Court decisions

The court may refuse to grant an eviction order if:

There is a valid reason for the people to stay.
The council hasn’t properly checked the group’s health and welfare.

Police powers

The police will review all reports of unauthorised encampments. If offences under the Criminal Justice and Public Order Act are found, they can work with the council to help remove the encampment.

For more information, visit the Hampshire County Council website or call 101.

Why do Gypsy, Roma and Traveller communities follow a travelling lifestyle?

Their way of life means that they travel the country, staying for various periods of time in different locations in order to earn a living. This has been their way of life for many generations

Does the council have a duty when encampments occur without the landowner's permission?

No. If an encampment is on council land, we can take action for eviction. If an encampment is on private land, it is usually the landowner’s responsibility. The Government has advised that when Gypsy, Roma and Traveller people are not causing a problem, the site may be tolerated.

If an encampment is on private land, what can the landowner do?

Firstly, they can talk to the occupants and see if a leaving date can be agreed. The next stage is to take proceedings in the County Court under the Civil Procedure Rules 1998, to obtain a Court Order for eviction. There must be a minimum of 2 clear days between the service of documents and the Court hearing.

What if the landowner decides to let occupants stay on their land temporarily?

Unless the owner has already obtained planning permission for a caravan site or is a farmer and the encampment occupants are helping them (with fruit picking, etc.), then they could be in breach of the Planning Acts and Acts dealing with the licensing of caravan sites.

If the landowner fails to take appropriate action to remove an encampment, what will the council do?

If the landowner is in breach of any planning or license requirements, then we will take proceedings against the landowner to require removal of the unauthorised encampment.

I have seen people camping on the side of the road and sometimes in parks, or other council owned land. What can the council do in these cases?

If occupants of an encampment are causing problems, they will be moved as soon as possible and reasonable. We will consider each case on its merits. In all cases, the site is visited and every effort made to make sure the site is kept tidy and does not cause public health problems. This sometimes means refuse collection facilities may be provided for this purpose

Can the council remove encampments from their land immediately?

No. We must:

Show occupants are on land without consent.
Make enquiries regarding the general health, welfare and children’s education.
Ensure the Human Rights Act 1998 is fully complied with.
Follow a set procedure in terms of providing ownership of land, details of the illegal encampment that will enable the necessary authority to be obtained from the Court to order occupants to leave the site.

How long will it take for occupants to be removed?

This will depend upon the circumstances of each individual case. We will need to take into account of the issues outlined above, as well as how soon a Court hearing date can be obtained.

Can the Court refuse to grant the Council an order to move occupants on?

Yes. If there is an unavoidable reason for occupants to stay on site or if the Court believes that we have failed to make adequate enquiries regarding the general health and welfare of the group. We must try to find out this information before going to Court.

What can the police do?

The Police will review all reports of potential unauthorised encampments and if offences under the Criminal Justice and Public Order Act are identified can work in partnership with the council to resolve the situation and remove the unauthorised encampment.

For more information please see Hampshire & Isle of Wight Constabulary’s website Home | Hampshire and Isle of Wight Constabulary or contact 101.

Cookie	Duration	Description
_ga
_gid
Hotjar